Alternative Measures and Extrajudicial Sanctions

Alternative Measures (AM) and Extrajudicial Sanctions programs (EJS) in Saskatchewan are delivered by First Nations, Tribal Councils, Community Based Organizations and fee-for-service mediators. While the programs are similar, AM programs are used when the accused is an adult and EJS programs are used for youth.

AM and EJS programs provide individuals accused of committing a Criminal Code offence or other matters set out in provincial policies an opportunity to make reparation to victims and the community. These programs provide opportunities for the accused, victims, and communities affected by a crime to communicate about the causes and impacts of that crime, and to address their related needs. The process provides an opportunity for empowerment to the victim and gives the accused a chance to repair the harm caused and be held accountable for their actions. In addition to being structured and publicly accountable, these programs are sensitive to cultural diversity where appropriate.

This approach is consistent with the provincial government’s effort to build a proactive and timely justice system that holds individuals accountable for their actions and identifies pathways out of the justice system. AM and EJS aim to:

• Increase the offender’s accountability and responsibility for criminal actions;
• Promote the involvement of victims in the process;
• Protect society by deterring offenders from further criminal behaviour;
• Enhance the community’s participation in resolving the incident;
• Involve the community in addressing the crime and the victim’s and offender’s needs; and
• Protect the interests of society and free up police resources for other community emergencies and more complex criminal matters.

Processes for Resolving Referrals

Many Restorative Justice processes are used to resolve Alternative Measures and Extrajudicial Sanctions referrals. Some of the most common types include:

• Victim-Offender Mediation, in which the victim and the accused person meet with a trained facilitator. Most referrals come to an agreement between the offender, victim, and community representatives to address harm caused by offending behaviours through mechanisms such as compensation, restitution, counselling and community service.
• Circles is a term that can be used in a variety of setting and contexts. Circles are a form of community dialogue that focuses on the harm done to the community and the community’s responsibility for supporting and holding its members accountable. Trained facilitators bring together a variety of stakeholders, and can include community members, victims, offenders, and family supporters and are structured so that each person is offered a chance to speak and be heard. Common models of Circles include healing circles that are focused on healing the community and bringing the conflict to a close; community circles that are focused on addressing community issues; and sentencing circles that are focused on sentence recommendations. While the procedures and participants vary slightly, the participants have an opportunity to speak and be heard respectfully while exploring ways to repair harm. Through open communication and consensus building, Circles aim to promote accountability, healing, and reconciliation within the community.

Victim Involvement

The victim is consulted before initiating Alternative Measures or Extrajudicial Sanctions. The victim receives information and then chooses whether they wish to participate. The victim's involvement is very important to the process, and every effort is made to invite them to participate if they wish to do so. Many victims want to:

• tell the accused person how they feel about the offence;
• understand the actions of the accused; and/or
• receive some form of compensation.

Victims sometimes choose to have a support person with them, to be represented by someone else or to provide written information instead of participating. If the victim is unwilling or unable to participate, the case may still be referred to an Alternative Measures or Extrajudicial Sanctions program. Some programs use a "surrogate victim" to portray the interests of the community.

Even if the victim chooses not to participate, they will be advised about whether the accused successfully completes the Alternative Measures/Extrajudicial Sanctions program.

Alternative Measure and Extrajudicial Sanctions programs supported by the Ministry of Justice include:

• Ahtahkakoop First Nation Community Justice Program
• Beardy's & Okemasis First Nation Community Justice Program
• File Hills Qu'Appelle Tribal Council Community Justice Program
• John Howard Society of Saskatchewan, Moose Jaw
• La Loche Community Justice Program
• Meadow Lake Tribal Council Community Justice Program
• Northwest Professional Services Corp (Battlefords Tribal Council) – North Battleford
• Onion Lake First Nation Community Justice Program
• Prince Albert Grand Council Urban and Rural Community Justice Programs
• Regina Alternative Measures Program
• Saskatoon Community Mediation Services Alternative Measures Program
• Saskatoon Tribal Council Urban and Rural Community Justice Programs
• Society for Maintaining and Improving Life in Estevan (SMILE) Services, Estevan
• The Governing Council of the Salvation Army – Swift Current
• Touchwood Agency Tribal Council Community Justice Program
• Yorkton Tribal Council Community Justice Program

Fee-For Service Providers/Mediators are located in the following communities and supported in travelling as required to ensure services are available across Saskatchewan:

• Big River First Nation
• Canoe Narrows
• Christopher Lake
• Creighton
• Debden
• Dorintosh
• Humboldt
• Hudson Bay
• Île-à-la-Crosse
• Kindersley
• Kinistino
• La Loche
• La Porte
• Lashburn
• Martensville
• Meadow Lake
• Melfort
• Nipawin
• North Battleford
• Pinehouse
• Rosetown
• Shellbrook
• Tisdale
• Weyburn
• Zenon Park

AM and EJS programs also receive referrals involving non-criminal conflicts such as conflict in schools or disputes between neighbours. These referrals are encouraged and accepted from workplaces, schools, neighbourhoods, municipalities, First Nations, and other sources.

For more information about these programs in your community, please contact restorativejustice@gov.sk.ca.